La. Federal Judge Dismisses Generic Risperdal Action, Citing Preemption, LPLA

NEW ORLEANS — Failure-to-warn, design defect, and breach of warranty claims in a generic Risperdal action are preempted because federal law bars the generic drug maker from unilaterally changing its label to add additional warnings and from altering the design of its drug, a Louisiana federal judge has ruled.

In a Jan. 5 order of dismissal, Judge Lance Africk of the U.S. District Court for the Eastern District of Louisiana further held that the plaintiff’s remaining claims are either subsumed by the Louisiana Product Liability Act or inadequately pled.

Richard Pramann alleges he developed gynecomastia (breast enlargement) after ingesting …